Legal Opinion

Herald Printing Co. v. Walsh

Supreme Court of Iowa

Decided May 9, 1905PublishedCited by 2 opinions

Appeal from Dubuque District Court. — • Hon. M. C. Matthews, Judge. Original notice to the effect that unless defendants should appear before John Grab, Esq., a justice of the peace in and for Julien township, Dubuque county, on January 9, 1904, at nine o’clock a. m., and make defense, judgment would be rendered against them, was duly served in the township mentioned five days previous to that date. , At the hour named a verified account was filed, and, as defendants failed…

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Appeal from Dubuque District Court. — • Hon. M. C. Matthews, Judge. Original notice to the effect that unless defendants should appear before John Grab, Esq., a justice of the peace in and for Julien township, Dubuque county, on January 9, 1904, at nine o’clock a. m., and make defense, judgment would be rendered against them, was duly served in the township mentioned five days previous to that date. , At the hour named a verified account was filed, and, as defendants failed to appear, judgment was entered against them for $16 and costs in plaintiff’s favor. Some days later an affidavit…

1Opinion of the Court

Ladd, J".

The writ of error is issued from the district court to the justice court for the sole purpose of correcting “ an erroneous decision in a matter of law or other irregularity in the proceedings.” Section 4569, Code. While the district court may “ render final judgment, or it may remand the cause to the justice for new trial or such further proceedings as shall be deemed proper” (section 4576), this must be in pursuance of a review of the rulings made by the justice. The authority is like that conferred on this court in disposing of a case heard on error from the district court. Section…

2Cases cited12 opinions

  1. Baily v. BirkhoferSupreme Court of Iowa · 1904
  2. Edwards v. CosgroSupreme Court of Iowa · 1887
  3. McMeans v. CameronSupreme Court of Iowa · 1878
  4. Stone v. MurphySupreme Court of Iowa · 1855
  5. Church v. CrossmanSupreme Court of Iowa · 1878

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3Cited by2 opinions

  1. Davis v. RobinsonSupreme Court of Iowa · 1925
  2. Peet v. FlemingSupreme Court of Iowa · 1917

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